HAR §12-42-86. Preliminary investigation

(a) After a petition has been filed the board shall conduct a preliminary investigation to establish health and safety requirements, and such preliminary investigation shall be given priority over all other cases except cases of like character. (b) The board shall serve its notice of preliminary investigation on the parties personally or by registered or certified mail with return receipt requested. The notice shall contain the purpose, nature, time, and place of the preliminary investigation. In extraordinary circumstances as determined by the board, the board may notify the parties orally. (c) The board shall afford all interested parties reasonable opportunity to present all relevant and material facts pertinent to the inquiry. (d) Nature of strike: (1) Employee participation in a strike, strike about to occur or in progress. Where the issue is employee participation in a strike, or that a strike about to occur or in progress presents an imminent or present danger to the public health or safety, the preliminary investigation may be conducted ex parte without the presence of all the parties. (2) Strike declared or authorized. Where a strike is declared or autho- rized by an employee organization, the employee organization shall have an opportunity to be heard during the preliminary investigation. (e) If the board finds that there is imminent or present danger to the health or safety of the public, the board shall establish specific requirements that must be complied with and which shall include, but not be limited to: (1) Designation of essential positions. (2) Any other requirement it deems necessary in order to avoid or remove any imminent or present danger to the health or safety of the public. [Eff. Feb. 6, 1981] (Auth: HRS §89-5) (Imp: HRS §89-12)